In its recent decision in Brusco v. Armstrong,[1]� a unanimous Appellate Term, First Department held that the “20-year rule” – whereby rent regulated tenants cannot be evicted on owner occupancy grounds if they have been a tenant in the building for 20 years or more – did not apply to rent stabilized tenants in New York City. The decision resolves a split of authority among the lower courts.
In the interest of full disclosure, our firm, Rosenberg & Estis, P.C., represents a New York City landlord in a similar 20-year rule case. Citing the Appellate Term’s decision in Brusco, Civil Court Judge Douglas E. Hoffman recently denied the tenant’s motion for summary judgment dismissing the landlord’s owner occupancy proceeding under the 20-year rule.
